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TRUCK DRIVERS AND HELPERS, LOCAL UNION 568 v. N. L. R. B.

Nos. 20077, 20131.

379 F.2d 137 (1967)

TRUCK DRIVERS AND HELPERS, LOCAL UNION 568, Affiliated with International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. RED BALL MOTOR FREIGHT, INC. and Union of Transportation Employees, Respondents, Truck Drivers and Helpers, Local Union 568, Affiliated with International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided May 18, 1967.

Attorney(s) appearing for the Case

Mr. David R. Richards, Kansas City, Mo., for petitioner in No. 20,077 and intervenor in No. 20,131.

Mrs. Nancy M. Sherman, Atty., N.L. R.B., with whom Messrs. Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, and Marcel Mallet-Prevost, Asst. Gen. Counsel, N.L.R.B., were on the brief, for petitioner in No. 20,131 and respondent in No. 20,077.

Mr. Allen Schoolfield, Jr., Dallas, Tex., of the bar of the Supreme Court of Texas, pro hac vice, by special leave of court, with whom Mr. J. Parker Connor, Washington, D. C., was on the brief, for respondent Red Ball Motor Freight, Inc., in No. 20,131.

Mr. F. Lynn Estep, Jr., Dallas, Tex., of the bar of the Supreme Court of Texas, pro hac vice, by special leave of court, with whom Mr. Thomas P. Brown, III, Washington, D. C., was on the brief, for respondent Union of Transportation Employees in No. 20,131.

Before WILBUR K. MILLER, Senior Circuit Judge, and WRIGHT and McGOWAN, Circuit Judges.

McGOWAN, Circuit Judge:

These statutory review proceedings under the National Labor Relations Act, 29 U.S.C. § 151 et seq. (1964), involve findings by the Board that (1) the respondent employer, Red Ball Motor Freight, Inc. ("Company") violated Sections 8(a) (1), (2), and (3) of the Act, and (2) the respondent Union of Transportation Employees ("UTE") violated Section 8(b) (1) (A). Each respondent challenges these findings in opposing the Board's petition...

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